Do Non-State Armed Groups Have a Legal Right to Consent to Offers of International Humanitarian Relief?

2020 ◽  
Vol 25 (2) ◽  
pp. 317-341
Author(s):  
Matthias Vanhullebusch
Keyword(s):  
Security Council ◽  
Armed Conflicts ◽  
Armed Groups ◽  
Humanitarian Relief ◽  
Civilian Population ◽  
Operational Level ◽  
The Government ◽  
The Right ◽  
Equal Right ◽  
Exclusive Right

Abstract During non-international armed conflicts, fighting parties have repeatedly denied international humanitarian relief to the civilian population under their territorial control leaving them at the brink of starvation. Debates on criminal accountability for violating the prohibition of the use of starvation against the civilian population as a method of warfare have yet to address the question of ownership of the right to consent to offers of international humanitarian relief before criminalising their denial. In respect of such right to consent at the strategic level, there are divergent interpretations on the application of the principle of symmetrical rights and obligations of fighting parties in the realm of international humanitarian relief. Humanitarian and state-centric perspectives, respectively, grant or deny non-state armed groups an independent right to consent to offers of international humanitarian relief. The humanitarian perspective argues that the asymmetry of such right in favour of the government party to the conflict and at the expense of the non-state armed groups is no longer justified, especially when the right of control at the operational level (after an offer has been accepted) is equally bestowed upon all parties to the conflict. The state-centric perspective defends the exclusive right of the government party to the conflict and fears that an equal right to strategic consent for non-state armed groups would increase their legitimacy. This study argues that neutrality upheld by international humanitarian relief actors, including impartial humanitarian bodies, such as the ICRC, and the Security Council gives rise to an interdependent exercise of the right to strategic consent by all fighting parties instead.

scholarly journals Humanizing siege warfare: Applying the principle of proportionality to sieges

2021 ◽  
pp. 1-22
Author(s):  
Maxime Nijs
Keyword(s):  
Armed Conflicts ◽  
Humanitarian Relief ◽  
Civilian Population ◽  
Additional Protocol ◽  
Siege Warfare ◽  
Relief Operations ◽  
Principle Of Proportionality ◽  
The Right ◽  
Proportionality Principle

Abstract Siege warfare and its devastating humanitarian consequences have been one of the defining features of contemporary armed conflicts. While the most apparent restriction of siege warfare appears to be provided by the prohibition against starvation of the civilian population as a method of warfare, the prevailing restrictive interpretation of this prohibition has left civilians remaining in a besieged area unprotected from the hardships they endure. This article demonstrates that shifting the focus from the prohibition against starvation to the rules regulating humanitarian relief operations does not seem helpful due to the ambiguities regarding the requirement of consent and the right of control of the besieging party. In remedying this protection gap, this article examines whether and how the principle of proportionality applies in the context of a siege. After analyzing whether the encirclement and isolation aspect of a siege can be considered an attack in the sense of Article 49(1) of Additional Protocol I (AP I), to which the proportionality principle applies, the article investigates how this principle operates in the context of a siege. It will be demonstrated that Article 57(2)(b) of AP I requires that the proportionality of a siege must be continuously monitored.

Intervention by Invitation

2016 ◽  
Author(s):  
Gregory H. Fox
Keyword(s):  
Human Rights ◽  
International Law ◽  
Civil Wars ◽  
Security Council ◽  
Armed Conflicts ◽  
Democratic Legitimacy ◽  
Un Security Council ◽  
The Status ◽  
The Government ◽  
Internal Armed Conflicts

This chapter examines the debate concerning a state’s intervention in internal armed conflicts based on invitation, either from the government or from a rebel group fighting against the government. It looks at the issues that arise from intervention by invitation, particularly those relating to the territorial integrity of the state, the status of the actors involved, the nature of the consent, and implications for international law in general and for politics and human rights in particular. The chapter first considers the traditional view of intervention by invitation and the recent challenges to that view. It then discusses the negative equality principle as it applies to intervention in civil wars, as well as the link between intervention by invitation and democratic legitimacy. It also analyses the position of the UN Security Council on intervention by invitation.

scholarly journals Legal Protection on the Right of Geographical Indication for Micro and Small Business in Indonesia

2018 ◽  
Vol 5 (4) ◽  
pp. 4584-4588
Author(s):  
Chandra Eka Yustisia ◽  
Annisya Dwi Soraya ◽  
Pujiyono .
Keyword(s):  
Research Result ◽  
Legal Protection ◽  
International Market ◽  
Geographical Indication ◽  
Registration System ◽  
International Convention ◽  
Main Requirement ◽  
The Government ◽  
The Right ◽  
Exclusive Right

Geographical indication is a part of intellectual property rights. Indonesia has the model of legal protection on it. But many unfair competitions that come from other country, espesially it is called passing of through international market. Actually there is several international convention provisions that regulate Geographical Indication covering international registration system. The methods of this research is normative, that based on doctrinal legal research. The research result shows that Indonesian law does not provide preventive protection for the citizens in terms of product registration even though product registration is the main requirement for a product to be given exclusive right when it is exported to another country so that passing off as a form of unfair competition can be avoided. Therefore, the government’s role in improving citizens’ awareness on the importance of exclusive right should be improved. Moreover, the government should ease the product registration access so that the product is able to compete in international market and should expand bilateral as well as multilateral cooperation.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 37 Disbandment of Parastatal Armed Forces/Demobilization and Social Reintegration of Children

2018 ◽  
Author(s):  
Duthie Roger ◽  
Mayer-Rieckh Alexander
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
Armed Forces ◽  
Theoretical Framework ◽  
Armed Conflicts ◽  
Historical Background ◽  
Armed Groups ◽  
Social Reintegration ◽  
Criminal Violence ◽  
The Right

Principle 37 focuses on the disbandment of parastatal armed forces and the demobilization and social reintegration of children involved in armed conflicts. It articulates measures designed to prevent the transformation of conflict violence to criminal violence through the dismantling and reintegration of all armed groups engaged in abuses, and outlines comprehensive responses to the injustices experienced by children during armed conflict. This chapter first provides a contextual and historical background on Principle 37 before discussing its theoretical framework and practice. It then examines the importance of reintegration processes and how they can be affected by transitional justice measures, along with their implications for former child combatants. It also highlights the relevance of measures for dealing with unofficial armed groups from an impunity standpoint, as well as the efforts of disarmament, demobilization, and reintegration (DDR) programs to address them.

The Demise of the Revenue Farm System in the Federated Malay States

1983 ◽  
Vol 17 (3) ◽  
pp. 387-412 ◽  
Author(s):  
John G. Butcher
Keyword(s):  
Import Duty ◽  
Total Revenue ◽  
Standard Pattern ◽  
Export Duty ◽  
The Government ◽  
The Right ◽  
Taxation System ◽  
Exclusive Right ◽  
Mining Districts ◽  
Farm System

Within the space of a few years a remarkable transformation took place in the taxation system of the Federated Malay States (FMS). Up until the early 1900s the British administration of these states relied, as had the sultans and chiefs from whom the British had taken control in the 1870s, on the revenue farm system for collecting many taxes. Most revenue farms were constituted according to the standard pattern found elsewhere in Southeast Asia at this time and in Europe up to the eighteenth century. The government granted a private contractor, the revenue farmer, the exclusive right to collect a certain tax in a specified area for a set number of years in return for a fixed rent, and the farmer kept for himself any money which he collected over and above what he owed the government in rent. A great variety of taxes were collected in this way. There were farms to collect the export duty on atap, firewood, timber, and rattan; most towns had market farms; and in Perak there was even a ‘farm of river turtle eggs’. But the most important farms were those which profited from what officials referred to as the ‘luxuries and vices’ of the immigrant Chinese community, particularly the workers who mined the tin which was the main source of wealth of these states.These farms were for the collection of the import duty on opium to be consume by Chinese in the mining districts of the interior, the sale of prepared opium (chandu) in coastal districts, the manufacture of spirits and the collection of the import duty on spirits, the right to run pawnshops, and the right to organize public gambling. Next to the export duty on tin, which the government collected itself, the income from these farms was the government's largest source of revenue. In the period 1890-94, 38.8 percent of the total revenue of the four states came from the export duty on tin and about 33 percent from the farms.2 But within the space of a few years the government abolished all the major farms, and by 1913 virtually none of the revenue of the FMS cam from revenue farms.

scholarly journals IMPACT OF COVID CRISIS ON CHILD’S RIGHT TO EDUCATION

2021 ◽  
Author(s):  
Barbara Preložnjak
Keyword(s):  
Basic Education ◽  
Educational Opportunities ◽  
School Age Children ◽  
Right To Education ◽  
Local Schools ◽  
Short Period ◽  
The Government ◽  
The Right ◽  
Unequal Opportunities ◽  
Exclusive Right

The right to education is regulated by norms of many international and regional documents. It includes many rights and plays an important role in the "all-round development of man" and its scope: physical, emotional, ethical, aesthetic, intellectual, professional, civic and international. The right to education is not the exclusive right of children. It is first and foremost the right of children and is essential for children's development. Therefore, it is generally accepted that educational opportunities should be equal for children. Unfortunately, the right to education has been severely curtailed in a short period of time due to the COVID -19 pandemic. According to UNESCO, 191 countries have temporarily closed national or local schools to contain the spread of COVID -19. This has resulted in school-age children being unable to receive basic education. This situation is particularly difficult for children from dysfunctional or disadvantaged families. Some families do not have internet, computers or books. Some parents cannot help them with homework because of educational or language limitations. All these unequal educational opportunities limit schooling. On the way to eliminate inequality in access to education and protect children from rights violations, the author will discuss whether Rawls' principle of fairness provides a good basis for the government to take action to eliminate unequal opportunities for education.

The Conventional Weapons Convention: Underlying Legal Principles

1990 ◽  
Vol 30 (279) ◽  
pp. 510-520 ◽  
Author(s):  
Frits Kalshoven
Keyword(s):  
Natural Environment ◽  
General Principle ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Severe Damage ◽  
Civilian Population ◽  
Legal Principles ◽  
Additional Protocol ◽  
Conventional Weapons ◽  
The Right

Neither the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects, adopted in Geneva on 10 October 1980, nor the Protocols annexed to it specify in their operative parts the principles on which the prohibitions and restrictions rest. Such principles are, however, found in the preamble to the Convention.Four of the twelve preambular paragraphs are relevant here. They list: the “general principle of the protection of the civilian population against the effects of hostilities”; the principle “that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited”; the ban on “the employment in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering”; and the fact that it is prohibited “to employ methods or means of warfare which are intended, or may be expected, to cause widespread, longterm and severe damage to the natural environment.” The fifth paragraph reiterates the well-known Martens clause, in the formulation accepted for Article 1, paragraph 2, of Additional Protocol I of 1977.

Territorial Control by Armed Groups and the Regulation of Access to Humanitarian Assistance

2017 ◽  
Vol 50 (1) ◽  
pp. 25-47 ◽  
Author(s):  
Tom Gal
Keyword(s):  
Armed Conflict ◽  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Humanitarian Relief ◽  
Geneva Conventions ◽  
Occupied Territories ◽  
Relief Operations

Humanitarian assistance is essential for the survival of the civilian population and peoplehors de combatin the theatre of war. Its regulation under the laws of armed conflict tries to achieve a balance between humanitarian goals and state sovereignty. This balance, reflected in the provisions of the 1949 Geneva Conventions and their Additional Protocols, is not as relevant to contemporary armed conflicts, most of which involve non-state armed groups. Even those provisions relating to humanitarian assistance in conflicts involving non-state armed groups fail to address properly the key features of these groups, and especially their territorial aspect. This article proposes a different approach, which takes into consideration and gives weight to the control exercised by non-state armed groups over a given territory. Accordingly, it is suggested that provisions regulating humanitarian relief operations in occupied territories should apply to territories controlled by armed groups. This approach views international humanitarian law first and foremost as an effective, realistic and practical branch of law. Moreover, it has tremendous humanitarian advantages and reflects the aims and purposes of the law, while considering the factual framework of these conflicts.

scholarly journals PROBLEMATIKA HAK MENENTUKAN NASIB SENDIRI: MENGURAI HUBUNGAN ANTARA REGULASI DAN KONFLIK SUMBER DAYA ALAM DI PAPUA

2015 ◽  
Vol 4 (2) ◽  
pp. 279
Author(s):  
Harison Citrawan
Keyword(s):  
Natural Resources ◽  
Self Determination ◽  
Mountainous Area ◽  
Efficient Management ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Exclusive Right ◽  
Optimal Protection

<p>Regulasi otonomi khusus di Papua mengindikasikan bahwa sistem pengelolaan sumber daya alam di Papua pada prinsipnya terbuka bagi publik, bukan hanya nasional namun juga internasional; tergantung pada pihak mana yang mampu menyajikan efisiensi dalam kompetisi pengelolaan. Persoalan muncul ketika regulasi yang berlaku tersebut belum mampu secara maksimal dioperasionalkan oleh pemerintah dalam meningkatkan taraf hidup masyarakat di Papua. Di lain pihak, situasi keamanan yang sangat rentan di daerah pegunungan Papua kerap menjadi kendala dalam optimalisasi perlindungan hak asasi manusia di Papua. Hal tersebut diperburuk dengan stigma negatif pelaksanaan hak menentukan nasib sendiri di Papua yang seringkali diasosiasikan dengan pemisahan diri dari teritori Republik Indonesia. Tulisan ini mengangkat permasalahan utama yakni hubungan antara artikulasi pemegang hak menentukan nasib sendiri, dengan regulasi pengelolaan masyarakat hukum adat atas sumber daya alam dalam konteks otonomi khusus di Papua. Dalam menganalisis data kualitatif yang dikumpulkan, penulis menggunakan pendekatan hak asasi manusia, khususnya hak menentukan nasib sendiri, terhadap regulasi dan fenomena konflik agraria yang terjadi di Papua. Analisis dengan pendekatan ini akan mencoba menggambarkan hubungan antara pemegang hak dengan pemangku kewajiban dalam konsep hukum hak asasi manusia. Adapun penulis menyimpulkan bahwa kegagalan pemerintah dalam mengakomodasi eksklusivitas hak masyarakat adat Papua berawal dari keruwetan dalam mengejawantahkan hak menentukan nasib sendiri masyarakat Papua ke dalam bentuk regulasi, mulai dari undang-undang sampai pada peraturan daerah khusus. Fakta tentang konflik sosial di sektor agraria dan sumber daya alam yang marak terjadi di Papua merupakan indikasi awal, bahwa diperlukan sebuah reposisi tentang pengaturan hak masyarakat adat dalam pengelolaan agraria dan sumber daya alam.</p><p>Special autonomy regulation in Papua indicates us that natural resources management at the area is in principle open for public both nationally and internationally, depending on which party is capable in providing an efficient management. The problems occurred when such regulations has yet to be operated by the government in enhancing locals living. On the other hand, a very vulnerable security situation around the mountainous area seems to hinder the optimal protection of people’s right in Papua. These conditions were exacerbated by negative stigma of the exercise of the right to self- determination in Papua, which mostly associated with seccession from the Republic. This article attempts to describe the relation between the articulations of right to self-determination holders andthe regulations regarding local management on natural resources in the context of special autonomy. The present author concludes that the failure in acommodating the exclusive right of the Papuans was caused by the complication in translating right to self-determination of the Papuans into regulations, from undang-undang (acts) up to peraturan daerah khusus (special autonomy bylaws). The fact of rampant social conflicts in agrarian and natural resources field is an initial indication that there is a need in repositioning the law regulatiing people’s right to manage their own agrarian and natural resources.</p>

scholarly journals Analisis Hukum Humaniter Internasional Terhadap Pola Rekrutmen Tentara Anak Dalam Konflik Sipil Bersenjata

2020 ◽  
pp. 46-64
Author(s):  
Rendi Prayuda ◽  
Dian Venita Sari ◽  
Riezki AdmaJayadi
Keyword(s):  
Armed Conflict ◽  
Research Problem ◽  
Child Soldiers ◽  
Armed Conflicts ◽  
Research Approach ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Literature Study ◽  
Women And Children ◽  
The Government

The changes of issues in international security from the war to domestic conflict resulting in the emergence of armed groups that aim to change the political system and government of a country. Guerrilla armed groups recruit children as child soldiers to fight the government regime. This paper uses the concept of humanitarian law with a descriptive qualitative research approach (literature study) which describes the research problem empirically. The results of the study explained that the recruitment of child soldiers in armed conflicts violated humanitarian law which emphasized that in an armed conflict women and children must be protected. The recruitment model for child soldiers is carried out using drugs (narcotics), doctrine of revenge against family deaths, recruiting girls as sexual slaves and training children to be ready to fight. This child soldier was used as an active militant army, bait, spy and weapons courier and bombs in armed conflict.

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